In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Michigan Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
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US-01121BG
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How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
In order to win the case, you're going to have to show that there is mental, physical, or emotional harm that could befall your grandchild if they are kept away from you. If you cannot show that potential harm, your case is dead in the water.
Under the new law, a grandparent can seek an order for time with grandchildren if: An action for divorce, separate maintenance or annulment between the child's parents is currently going on in the court. The court already entered an order for the parents' divorce, separate maintenance or annulment.
In Michigan, a presumption exists that a mentally fit parent is able to make a rational decision to not permit his or her child to have visitation with grandparents and that such a decision is not presumed injurious to the child's welfare.
If the court finds by a preponderance of the evidence that it is in the best interests of the child to enter a grandparenting time order, the court shall enter an order providing for reasonable grandparenting time of the child by the grandparent by general or specific terms and conditions.
Grandparents must file a motion with the family court in the county that has jurisdiction. A motion or complaint can also be filed in the circuit court in the county where the child lives. It should include an affidavit that swears to all the facts surrounding the request for visitation with a grandchild.
In most cases, a parent is the only person that can seek emergency child custody. In rare, yet not unheard of instances, a grandparent or other relative may make the petition. This would occur when the other parent is incapacitated in some way.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
Potential Reasons a Child is Cared for by a Grandparent The reasons a grandparent may provide needed care for a grandchild vary and can include: Parent has an addiction or difficulties with alcohol or drugs. Parent has mental health challenges or emotional problems. Child neglect, abandonment or abuse.